DNA Excludes UWRF Professor in Alleged Sexual Assault Case

Timothy O'Brien—defense attorney for University of Wisconsin–River Falls professor Thomas Barnett—appeared optimistic after his client's pre-trial hearing Monday morning.

The source of O'Brien's optimism was likely a particular motion granted by St. Croix County Judge Eric Lundell that contradicts direct testimony given by the alleged victim in the case.

Barnett is facing felony charges of child sexual assault and false imprisonment stemming from an .

According to O'Brien's third motion, "the Complaining Witness and the witness (name witheld) both testified at the Preliminary Examination that the two of them had no sexual contact with each other prior to the alleged incident involving (Prof. Barnett). Subsequent scientific testing for DNA evidence shows that such sexual contact did occur." 

The motion also states Barnett was excluded as a possible contributor of DNA previously collected in the case.

Both witnesses involved in the case have since admitted to law enforcement to having sexual contact with each other on the night in question, the motion states.

"We're confident that when all the facts are known, (the incident) will not be as it was first alleged," O'Brien told Patch in a post-hearing interview.

The third motion concludes by explaining that a primary consideration for the jury will be to determine why the witnesses involved would "accuse Dr. Barnett of sexual assault" after he observed them taking part in sexual activity and confronted them. 

O'Brien argued in court against the prosecution referring to the complaining witness as a "victim" in the presence of the jury once the trial begins on Feb. 28.

"'Victim' is really a legal term used once someone has been convicted of a crime ... until that is decided, no one should refer to (the complaining witness) as a victim during the trial. It sends out a message that some crime did occur," O'Brien told Patch. 

Prosecuting attorney Frank Collins agreed with excluding the word "victim" from his arguments in trial, adding "I don't use that word during a trial anyway but I certainly wouldn't want a prosecution-induced mistrial." 

Judge Lundell ordered both attorneys to use people's names whenever possible. 

Jury selection begins at 8:15 a.m. on Feb. 28.